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GREEN OAK TP. v. GREEN OAK MHC

Docket No. 231704.

661 N.W.2d 243 (2003)

255 Mich. App. 235

GREEN OAK TOWNSHIP, Plaintiff-Appellee, v. Green Oak MHC and Kenneth B. Lipshutz, Defendants-Appellees, and Ruth E. MUNZEL, Personal Representative of the Estate of Herbert Munzel, Deceased, Defendant-Appellant.

Court of Appeals of Michigan.

Decided February 4, 2003, at 9:00 a.m.

Released for Publication April 18, 2003.

Attorney(s) appearing for the Case

Connelly, Crowley, Groth & Seglund, (by Bruce R. Seglund), Walled Lake, for Green Oak Township.

Hyman Lippitt, P.C., (by Roger L. Myers), Birmingham, for Green Oaks MHC and Kenneth B. Lipshutz.

Keusch, Flintoft & Conlin, PC, (by Peter C. Flintoft), Chelsea, for the defendant.

John F. Rohe for Environmental Council and Michigan Land Use Institute, Petoskey, for Amici Curiae.

Before: O'CONNELL, P.J., and RICHARD ALLEN GRIFFIN and MARKEY, JJ.

O'CONNELL, P.J.

Defendant Ruth E. Munzel1 appeals as of right the circuit court's entry of judgment declaring Herbert Munzel's zoning referendum petition invalid and enjoining the requisite certification of the petition. We affirm.

The facts in this case are essentially undisputed. Defendant Kenneth B. Lipshutz petitioned the Green Oak Township Board to rezone 233 acres of land from RF (residential farming) to RMH (residential...

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